Apprenticeship Act 2014

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202014/Apprenticeship-Act-2014-Eng.pdf

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rangement of Provisions
PART I
PRELIMINARY

1. Short title and commencement
2. Interpretation
3. Act binds the Government

PART II
THE SAMOA
APPRENTICESHIP COUNCIL

4. Establishment of the Council
5. Co-opted members of the
Council
6. Vacancies
7. Meetings of the Council 8. Fees and allowances of the
Council
9. Functions of the Council
10. Powers of the Council
11. Inspection powers of Chief
Executive Officer
12. Declaration of apprenticeable
trade

PART III
GUIDELINES

13. Power to make guidelines
14. Matters for which guidelines
may be made

PART IV
TRADE PANELS AND
SUBCOMMITTEES

15. Panels of Trade Advisors
16. Sub-committees

PART V
ADMISSION TO
APPRENTICESHIP

17. Application for approval to
employ apprentices
18. Admission to apprenticeship
19. Medical examination of
apprentices

PART VI
CONDUCT OF
APPRENTICESHIP

20. General obligations of
employers
21. General obligations of
apprentices
22. Duties of employers to notify
23. Records to be kept by
employers
24. Employers to provide
information to the Council
annually




2 Apprenticeship 2014, No. 10
25. Samoa Apprenticeship
Register

PART VII
CONTRACTS OF
APPRENTICESHIP

26. Contracts of apprenticeship
27. Extent to which contract is
binding
28. Contracts to be filed for
registration
29. Contracts register and
registration of contracts
30. Issue of copies of contracts
31. Tenure of contract
32. Probation period
33. Extension of contracts
34. Reduction of period of
contracts
35. Transfer of contracts
36. Termination of contracts
37. Apprentice to reimburse
employer for fees paid
38. Apprentices to be apprenticed
with one employer
39. Wages of apprentices

PART VIII
APPRENTICESHIP
CERTIFICATES

40. Samoa Apprenticeship
Certificate
41. Other certificates
42. Duplicate certificates

43. Offences relating to
unauthorized use or dealing
with a certificate

PART IX
APPEALS

44. Appeals
45. Abandoned appeals

PART X
OFFENCES AND PENALTIES

46. Employer not to reduce wages,
etc.
47. Offences
48. Penalties

PART XI
MISCELLANEOUS

49. Death of partner not to
terminate apprenticeship
50. Winding up or material change
in shareholding of Company
51. Minister to determine fees and
charges
52. Council to approve forms
53. Annual reports
54. Disclosure of information
55. Repeal
56. Regulations
57. Savings and Transitional

Schedule


__________



2014, No. 10 Apprenticeship 3


2014, No. 10

AN ACT to provide for the technical-vocational education and
training of apprentices in order to integrate them into the
work force and create skilled employees and for related
purposes. [7th
April 2014]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be cited
as the Apprenticeship Act 2014.
(2) This Act commences on the date of assent by the Head of
State.

2. Interpretation - In this Act unless the context requires
otherwise:
“apprentice” means a person who is employed under a contract
of apprenticeship under this Act;
“apprenticeable trade” means a trade declared under section 12
to be a trade to which this Act applies and includes any
industry;
“Council” means the Samoa Apprenticeship Council
established under section 4;
“contract” means a contract of apprenticeship entered into
under this Act;
“Chief Executive Officer” means the Chief Executive Officer
of the Ministry of Commerce, Industry and Labour and
includes his or her delegate;
“employer” means an employer who is involved in
apprenticeship in any way;
“Minister” means the Minister of Commerce, Industry and
Labour;


4 Apprenticeship 2014, No. 10

“post school education and training” has the same meaning
under the Samoa Qualifications Authority Act 2010;
“repealed Act” means the Apprenticeship Act 1972;
“Samoa Apprenticeship Register” means the register
established under section 25;
“Samoa Apprenticeship Certificate” means a certificate
awarded under section 40;
“training provider” means a registered provider as defined
under the Samoa Qualifications Authority Act 2010.

3. Act binds the Government - This Act binds the
Government.

PART II
THE SAMOA APPRENTICESHIP COUNCIL

4. Establishment of the Council-(1) The Samoa
Apprenticeship Council is established.
(2) The Council consists of:
(a) the Chief Executive Officer of the Ministry of
Commerce, Industry and Labour who is the
Chairperson;
(b) the Chief Executive Officer of the Samoa Qualifications
Authority who is the Deputy Chairperson;
(c) the Chairperson of the Public Service Commission;
(d) the President of the Chamber of Commerce;
(e) one (1) member to represent training providers;
(f) one (1) member to represent employers from the
apprenticeable trades; and
(g) one (1) member who is a person who holds a Samoa
Apprenticeship Certificate to represent employees
from the apprenticeship trades.
(3) The Minister appoints members listed under subsection
(2)(e), (f) and (g) on the advice of the Council and, unless their
appointments are terminated:
(a) shall hold office for a term of three (3) years, and are
eligible for re-appointment subject to section 6(c);
or


2014, No. 10 Apprenticeship 5

(b) continue to be members of the Council if he or she is
not replaced.
(4) The Ministry shall provide secretariat support if needed by
the Council.

5. Co-opted members of the Council-(1) The Council may,
where it considers necessary, co-opt representatives of interested
parties as members of the Council.
(2) A person co-opted under subsection (1) may only take part
in the discussions of the Council and shall not vote on any matter
before the Council.
(3) A co-opted member is not a member of the Council and
does not have a right to vote on a matter before the Council.

6. Vacancies - Members of the Council appointed under
section 4(3) vacate their office as a member:
(a) by providing a letter of resignation to the Chairperson of
the Council; or
(b) where the member is permanently incapable of
performing his or her duties; or
(c) if terminated by the Chairperson, on the basis of such
member being absent from three (3) consecutive
meetings of the Council without reasonable cause.

7. Meetings of the Council-(1) The Council shall meet at least
four (4) times in a calendar year and may meet any time and in any
place as determined by the Chairperson.
(2) The Chairperson presides at all meetings of the Council
when present.
(3) Subject to subsection (5), where the Chairperson is not
present at a meeting of the Council the Deputy Chairperson
presides at that meeting.
(4) Where neither the Chairperson nor the Deputy Chairperson
is present at a meeting of the Council, the members present shall
elect one of the members of the Council to act as Chairperson for
the purpose of that meeting.



6 Apprenticeship 2014, No. 10

(5) Despite that an alternate member of Council, being an
alternate for the Chairperson or Deputy Chairperson, is present for
a meeting, the members present may elect one other member of the
Council to act as Chairperson for the purpose of that meeting.
(6) The member presiding has a deliberative vote and, in the
event of an equality of votes on a matter, has also a casting vote.
(7) The Council shall keep minutes of its proceedings.
(8) At a meeting of the Council, four (4) members form a
quorum.
(9) Subject to this Act, the Council may regulate its own
proceedings.
(10) Additional meetings may be convened by the Chairperson
if necessary, or if specially convened on a request in writing signed
by at least three (3) members of the Council.
(11) If any member of the Council is temporarily incapacitated
from attending any meeting of the Council, he or she may
authorise another person to act as the member‟s alternate.
(12) The Secretary is appointed by the Chairperson to take
minutes of the meeting and shall, prior to the commencement of a
Council meeting, attend to the preparation of all necessary
documentation for the purposes of the meeting.

8. Fees and allowances of the Council - Members of the
Council and any person appointed by the Chairperson to be the
Secretary to the Council, except those appointed under section
4(2)(a), (b) and (c) shall be paid such fees and allowances as may
be determined by Cabinet.

9. Functions of the Council-(1) The functions of the Council
are as follows:
(a) to recommend to the Minister the trades or branches of
industry to be designated as apprenticeable trades
under this Act;
(b) to hear objections to the proposed designation of any
trade, or branch of trade, as an apprenticeable trade,
and to report those matters to the Minister;



2014, No. 10 Apprenticeship 7

(c) to exercise a general supervision over the theoretical
and practical training of apprentices;
(d) to ascertain the character and scope of the practical
training given to apprentices;
(e) to monitor the progress of apprentices including
workplace assessments conducted by employers and
progress of both the apprentice and employer in
their apprenticeship arrangement;
(f) to issue grade or progress certificates to apprentices or
other trades persons who have attained required
standards of proficiency;
(g) to advise the Minister in such matters affecting
apprenticeship in Samoa as it thinks fit or as
referred to it by the Minister;
(h) to award certain certificates to apprentices upon the
successful completion of training programmes;
(i) to assess and award scholarships to apprentices;
(j) to issue guidelines in accordance with the provisions of
this Act;
(k) to promote the apprenticeship programme to
prospective apprentices and employers;
(l) to resolve complaints from apprentices or employers
relating to the apprenticeship arrangement;
(m) to ensure that the apprenticeship programme and
apprentices receiving training under the programme
meet Samoa‟s National Competency Standards;
(n) to exercise any of the powers conferred, or to discharge
any of the duties imposed upon it by this Act, and to
inquire into any matters relating to apprenticeship in
trades.
(2) The Council must consult with relevant trade organisations,
agencies, or associations when carrying out its functions under
section 9(1)(f) and (h).
10. Powers of the Council-(1) The Council has the power that
is necessary to carry out its functions under this Act.
(2) The Council has powers and protections applying to a
Commission of Inquiry under the Commissions of Inquiry Act
1964.


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(3) Subject to subsection (4) any person who, after being
summoned or ordered to appear before the Council or to produce
any books, papers, writings, or documents to the Council and:
(a) fails to appear according to the requirements of such a
summons; or
(b) refuses to be sworn or to give evidence or to make
answer to such questions as may be put to the
person by any member of the Council relating to the
subject of the inquiry; or
(c) fails to produce any such books, papers, writings, or
documents,
commits an offence, and is liable upon conviction to a fine not
exceeding 50 penalty units or to imprisonment for a term not
exceeding six (6) months, or both.
(4) Nothing in subsection (3) is taken to override a person‟s
rights as set out under Articles 9 and 10 of the Constitution.
(5) In exercising its powers under this section, the Council
shall seek the assistance of the Attorney General to provide
assistance to the Council as counsel assisting.

11. Inspection powers of Chief Executive Officer-(1) Subject
to subsection (3) the Chief Executive Officer may with or without
notice:
(a) enter at a reasonable time upon premises on which
apprentices are or are proposed to be employed;
(b) interview an apprentice, whether within or outside the
hearing of any other person;
(c) interview an employer;
(d) examine books or documents relating to the wages and
conditions of employment of an apprentice and take
copies or extracts from any such book or document;
(e) require an employer or apprentice to answer questions
put to him or her concerning the wages and
conditions of employment of apprentices; and
(f) institute proceedings for offences against this Act.



2014, No. 10 Apprenticeship 9

(2) No person shall, without lawful excuse:
(a) hinder or obstruct the Chief Executive Officer in the
execution of his or her powers and functions under
this Act; or
(b) subject to subsection (3), refuse or fail to answer
questions put to the person under subsection (1)(b)
and (c).
(3) Nothing in subsection (1) is taken to override a person‟s
rights as set out under Articles 9 and 10 of the Constitution.
(4) The Chief Executive Officer may delegate to any person, in
writing, any of his or her powers conferred under this section.
(5) A delegation under subsection (3) may be revoked, renewed
or varied at any time by the Chief Executive Officer.

12. Declaration of apprenticeable trade-(1) Subject to
subsection (2), the Minister may by Order, declare a trade as an
apprenticeable trade under this Act.
(2) An Order may not be made unless the Minister has first
received a recommendation by the Council for it to be made.
(3) In making a recommendation, the Council must consider
whether the trade:
(a) is one which is in demand by employers and potential
apprentices;
(b) is one in which training providers situated within
Samoa are able to provide training programmes;
and
(c) has been investigated and approved by a panel of trade
advisors.
(4) An Order made under subsection (1) shall be published in
the Savali and one other newspaper circulating in Samoa.
(5) An Order may be revoked by the Minister upon the advice
of the Council and such revocation shall be published in the Savali
and one other newspaper circulating in Samoa.
(6) An apprenticeable trade under the repealed Act is regarded
an apprenticeable trade for the purpose of this Act, until it is
revoked as such under this section.
(7) Despite subsections (4) and (5), an Order published or
revoked is not invalid if it is not published in one other newspaper
circulating in Samoa.


10 Apprenticeship 2014, No. 10

PART III
GUIDELINES

13. Power to make guidelines-(1) The Council has the power
to issue guidelines which are to be made in accordance with this
Part.
(2) Guidelines must not be inconsistent with the provisions of
this Act or any regulations.
(3) Any guidelines issued by the Council come into effect upon
a date nominated by the Council.
(4) Guidelines issued remain in force until revoked or
otherwise amended by the Council.
(5) The Chief Executive Officer must ensure public
consultations are conducted on guidelines issued under this section
as the Council considers appropriate in the circumstances before
they are to have any force and effect.
(6) Any guideline not made in accordance with this Part has no
legal effect.
(7) The Chief Executive Officer shall ensure that:
(a) guidelines issued are forwarded to the Clerk of the
Legislative Assembly for his or her records; and
(b) copies of such guidelines are kept at his or her Office;
and
(c) such guidelines are published on the Ministry‟s official
internet website.
(8) A person who acts in contravention of, or fails to comply
with, any guideline issued under this section commits an offence
and is liable upon conviction to a fine not exceeding 10 penalty
units.
(9) A prosecution under this section does not affect or
prejudice any civil claim, action or proceeding arising out of the
same occurrence.

14. Matters for which guidelines may be made - The Council
may make guidelines for the following:
(a) the lodgement, variation and withdrawal of applications;
(b) requirements for medical examination of apprentices;


2014, No. 10 Apprenticeship 11

(c) the wages, hours of work, allowances and conditions of
service of apprentices;
(d) the fixing and assessment of standards of competence of
an apprentice, at different stages of his or her
apprenticeship, in relation to a particular trade;
(e) the technical and practical training that shall be
provided for and undertaken by apprentices
including any training plans;
(f) the supervision of apprentices by their employers;
(g) the proportion of apprentices to skilled and qualified
tradespersons who may be employed by employers
in specified trades;
(h) the facilities to be provided for apprentices for the
purpose of their being trained by their employers;
(i) the criteria and process for further trades to be added by
recommendation to the Minister to be declared as
apprenticeable trades pursuant to section 12;
(j) the keeping of progress cards and records.

PART IV
TRADE PANELS AND SUBCOMMITTEES

15. Panels of Trade Advisors-(1) The Council may appoint
persons to be members of a Panel of Trade Advisors in respect of
an apprenticeable trade.
(2) A Panel of Trade Advisors in respect of an apprenticeable
trade shall advise the Council on such matters relating to
apprenticeship in that trade as are from time to time referred to it
by the Council.
(3) Members of the Panel of Trade Advisors shall be paid such
fees and allowances as may be determined by Cabinet.

16. Sub-committees-(1) The Council may appoint sub-
committees, as it regards necessary, for dealing with any specific
trade or matter concerning apprenticeship.
(2) Members of sub-committees shall be paid such fees and
allowances as determined by Cabinet.



12 Apprenticeship 2014, No. 10

PART V
ADMISSION TO APPRENTICESHIP
17. Application for approval to employ apprentices-(1) An
employer who wishes to employ a person as an apprentice must
submit an application to the Council for its approval.
(2) An application must be in a form approved by the Council.
(3) Subject to subsection (4), the Council may grant or refuse
to grant approval to employ an apprentice.
(4) The Council shall not grant an approval under this section
unless:
(a) the Council is satisfied that the employer has reasonable
facilities for the proper training of apprentices
proposed to be employed; and
(b) the proposed apprentice consents to the application.
(5) An employer whose application has been refused may
appeal to the Minister.
(6) Where the Minister receives an appeal under subsection (5),
the Minister shall review the decision of the Council and may:
(a) confirm the refusal; or
(b) override the refusal and grant the application.
(7) Under paragraph (b) of subsection (6), the Minister may
impose such terms and conditions on the grant of the application as
the Minister considers appropriate.
(8) Upon the Minister determining an appeal under subsection
(6), the Minister shall cause to be served on the person appealing a
written notice advising of the Minister‟s decision.
(9) An employer who:
(a) in support of an application under subsection (1), makes
a false declaration; or
(b) without approval under subsection (1), employs a
person as an apprentice,
commits an offence.

18. Admission to apprenticeship-(1) A person shall not be
admitted to the apprenticeship course unless:
(a) he or she has attained the age of 18 years; and



2014, No. 10 Apprenticeship 13

(b) has -
(i) completed at least one (1) year of
vocational training with a training provider; or
(ii) completed year 12 and have at least one
(1) year of relevant work experience in the
apprenticeable trade in which he or she wishes
to engage in under the contract of
apprenticeship.
(2) The Council may admit an apprentice to another year other
than the first year of apprenticeship where the Council is satisfied
that an apprentice has sufficient theoretical and practical
knowledge to warrant such admission.

19. Medical examination of apprentices - The Council may
require a person who wishes to be employed as an apprentice to
obtain a medical certificate from a medical practitioner approved
by the Council and the employer.

PART VI
CONDUCT OF APPRENTICESHIP

20. General obligations of employers-(1) An employer must:
(a) enable the apprentice to receive the workplace training
component of the apprenticeship, in particular by
providing all necessary facilities and opportunities
to acquire the competencies of the apprenticeable
trade concerned, by the best means in the
employer‟s power;
(b) enable the apprentice to obtain an appropriate
qualification for the apprenticeable trade, in
particular by -
(i) releasing the apprentice or trainee as
required for attendance at the relevant training
provider; and
(ii) liaising with the relevant training
provider in relation to the apprentice‟s or
trainee‟s attendance and participation in the
training provided by the relevant training
provider.


14 Apprenticeship 2014, No. 10

(2) The employer of an apprentice must discharge his or her
obligations under the apprenticeship contract as an employer of the
apprentice.

21. General obligations of apprentices-(1) An apprentice
must make all reasonable efforts to:
(a) acquire the competencies of the apprenticeable trade in
which he or she is an apprentice; and
(b) obtain an appropriate qualification for that
apprenticeable trade.
(2) An apprentice must discharge his or her obligations under
the apprenticeship contract and faithfully serve the employer as an
employee.

22. Duties of employers to notify-(1) An employer must
notify the Chief Executive Officer in relation to each apprentice
that he or she employs, of the following matters within 14 days
after the matter arises:
(a) any injury to the apprentice that adversely affects the
apprentice‟s ability to continue or complete the
apprenticeship;
(b) any failure by the apprentice to make satisfactory
progress in learning the competencies of the
relevant vocation;
(c) any change in the training provider attended by the
apprentice;
(d) any failure by the apprentice to participate in, or make
satisfactory progress in, the training provided by the
relevant training provider;
(e) any termination of employment of the apprentice by the
employer.
(2) An employer must also notify the Chief Executive Officer
of the following matters within 14 days after the matter arises:
(a) any change in the name under which the employer
carries on business or in the address from which the
employer carries on business;
(b) any change in the nature of the employer‟s business that
adversely affects the employer‟s ability to comply
with his or her obligations under this Act.


2014, No. 10 Apprenticeship 15

23. Records to be kept by employers-(1) An employer shall,
in respect of each apprentice he or she employs keep records as
determined by the Council.
(2) All records shall be kept in a manner determined in writing
by the Chief Executive Officer.

24. Employers to provide information to the Council
annually-(1) Subject to subsection (2), every employer shall
provide information to the Council relating to an apprentice where
the Council so directs by giving notice in writing.
(2) The powers under subsection (1) may be exercised only
where the obtaining of the information is necessary for the
purposes of the performance of the functions of the Council.
(3) An employer shall submit all information relating to the
employment of an apprentice in the previous year to the Council,
no later than the 1st day of March of every year.
(4) Any person who obtains any information for the Council
under this section shall take every reasonable step to ensure that
such information is kept confidential and used only for the
purposes of performing the functions of the Council.
(5) Any person who contravenes this section commits an
offence.

25. Samoa Apprenticeship Register-(1) The Chief Executive
Officer must keep, the Samoa Apprenticeship Register for the
purposes of this Act.
(2) The Samoa Apprenticeship Register is to contain:
(a) the names and addresses of all apprentices and
employers in an apprenticeship established under
this Act;
(b) the date on which the apprenticeship was approved;
(c) the apprenticeable trade for which the apprenticeship is
established;
(d) the appropriate qualification that may be awarded to the
apprentice in relation to the apprenticeship;
(e) the term of the apprenticeship;
(f) the date of commencement of the apprenticeship;
(g) the name of the training provider associated with the
apprenticeship;


16 Apprenticeship 2014, No. 10

(h) each date on which the apprenticeship has been
transferred, suspended, cancelled or varied;
(i) the date on which the apprenticeship was completed and
the Samoa Apprenticeship Certificate awarded.
(3) The Register must be maintained by the Chief Executive
Officer in a form determined by the Council.

PART VII
CONTRACTS OF APPRENTICESHIP

26. Contracts of apprenticeship-(1) A person who wishes to
be employed as an apprentice by an employer shall enter into a
contract of apprenticeship with that employer.
(2) A contract:
(a) entered into other than in accordance with this Act is
invalid; and
(b) shall be in the form set out in the Schedule.
(3) The Schedule may be amended by the Council in a
resolution of the Council and such amendment shall be published
in the Savali with a copy to be forwarded to the Clerk of the
Legislative Assembly for his or her records.

27. Extent to which contract is binding-(1) Subject to the
Infants Ordinance 1961, an apprentice who is a party to a contract
is bound throughout the term of the contract.
(2) A parent or guardian of an apprentice who is a party to a
contract on behalf of the apprentice is bound until the apprentice is
21 years old in which case the apprentice becomes the sole party to
such apprenticeship contract.

28. Contracts to be filed for registration-(1) A contract must,
within one (1) month from the date of the making of the contract,
be filed by the employer with the Chief Executive Officer for
registration.
(2) A contract filed under subsection (1) must be:
(a) in three (3) original versions; and
(b) accompanied by a medical certificate certifying that the
apprentice is medically fit if the Council requires it.



2014, No. 10 Apprenticeship 17

29. Contracts register and registration of contracts-(1)
Subject to subsection (2), the Chief Executive Officer must, on
receipt of the documents required under section 28, register and
deal with the contract as required under guidelines.
(2) The Chief Executive Officer must not register any
documents unless the Chief Executive Officer is satisfied that the
documents are in proper form.
(3) The Chief Executive Officer must keep, a Contract Register
for the purposes of this Act.
(4) The Contract Register shall contain the following:
(a) the names of all apprentices and employers in each
apprenticeable trade;
(b) a record of all registered contracts;
(c) a record of all assignments, transfers and termination of
contracts.
(5) A contract has no force until registered under this section.
(6) A party to a contract which the Chief Executive Officer
refuses to register under subsection (2) may appeal to the Minister.
(7) Where the Minister receives an appeal under subsection (6),
the Minister shall review the decision of the Council and may:
(a) confirm the refusal; or
(b) override the refusal and grant the application.
(8) Under paragraph (b) of subsection (7) the Minister may
impose such terms and conditions on the grant of the application as
the Minister considers appropriate.
(9) Upon the Minister determining an appeal under subsection
(7), the Minister shall cause to be served on the person appealing a
written notice advising the Minister‟s decision.

30. Issue of copies of contracts-(1) The Chief Executive
Officer must issue to an apprentice and his or her employer, each, a
registered copy of a contract.
(2) A duplicate copy of a contract may only be issued as the
Chief Executive Officer considers appropriate in the
circumstances.

31. Tenure of contract - A contract entered into and registered
in accordance with this Act:



18 Apprenticeship 2014, No. 10

(a) is binding on the relevant employer and the apprentice;
and
(b) is enforceable only in relation to the matters stated in it;
and
(c) unless a lesser period is specified in it, is for the period
agreed to between such employer and apprentice.

32. Probation period - Despite section 31, or any provision in
the contract to the contrary, an apprentice is, for the first six (6)
months of the contract, employed on probation.

33. Extension of contracts-(1) Subject to subsection (2), the
Council may authorize that the period of a contract be extended for
period determined by the Council if the Council is satisfied that it
is necessary in the circumstances.
(2) An extension under subsection (1):
(a) for a working day where an apprentice attended a
required training for the purpose of subsection (3)
shall not be more than that working day, or be more
than the equivalence of that working day; and
(b) not be more than 180 days in total.
(3) In this section, “working day” means a day in which a
training programme, determined by the Council for an
apprenticeable trade, is given that the apprentice is required to
attend.

34. Reduction of period of contracts - The Council may
authorize the reduction of the period of a contract if it is satisfied
that:
(a) a person has previously undertaken technical training
which relates directly to the apprenticeable trade in
which that person wants to be apprenticed; and
(b) that training has the approval of the Council for that
apprenticeable trade.

35. Transfer of contracts-(1) Subject to subsection (2), the
rights and obligations of an employer under a contract may be
transferred to another employer, with the consent of the apprentice
and the approval of the Council.


2014, No. 10 Apprenticeship 19

(2) An approval under subsection (1) shall not be granted if the
Council has reasonable grounds to believe that the transfer is not in
the best interests of the apprentice.
(3) In order for a transfer of a contract to become effective the
following apply:
(a) the former employer and future employer and the
apprentice must endorse it in writing and signed it;
and
(b) the Chief Executive Officer must within one (1) month
from the signing of the contract register the written
endorsement of the transfer.

36. Termination of contracts-(1) A contract may be
terminated:
(a) by either party at any time within the period of
probation referred to under section 32; or
(b) by mutual agreement in writing between the employer
and the apprentice; or
(c) on request by a party to the contract, by the Council, if
the Council is satisfied that it is necessary to
terminate such contract.
(2) For a contract terminated under section 36(1)(a) or (b) the
employer must notify the Chief Executive Officer within seven (7)
days from the date of termination.
(3) The Council shall not terminate a contract under section
36(1)(c), unless both parties to the contract are given the
opportunity to appear and be heard before the Council.
(4) The Chief Executive Officer shall record the termination on
the file copy of each contract terminated under this section.
(5) A party to a contract whose contract is terminated by the
Council under subsection (1)(c) may appeal to the:
(a) District Court if it is on a question of law in accordance
with Part IX; or
(b) Minister if the matter appealed is not on a question of
law.
(6) A termination of contract does not affect any right of action
accrued before the termination and that action may be continued as
if the contract is enforceable.



20 Apprenticeship 2014, No. 10

37. Apprentice to reimburse employer for fees paid-(1)
Where a contract is terminated as a result of a breach incurred by
the apprentice, the apprentice must repay to the employer all the
fees expended by the employer as a result of entering into the
contract.
(2) In this section “fees” include all the fees paid by the
employer to a training provider responsible for providing the
educational requirements under the apprenticeship contract.

38. Apprentices to be apprenticed with one employer-(1) An
apprentice shall not, while a contract is in force, enter into another
contract with another employer.
(2) A person shall not:
(a) induce or attempt to induce an apprentice to terminate
his or her contract with his or her employer; or
(b) employ an apprentice whom he or she knows is under a
contract with another employer.
(3) A person who contravenes this section commits an offence.

39. Wages of apprentices-(1) An apprentice shall be paid such
rates as determined by the Council which:
(a) must specify the minimum hourly rates for each year of
apprenticeship; and
(b) may provide different minimum hourly rates of
pay for different classes of apprentices or
apprenticeable trades,
and in so doing the Council may apply such methods of
differentiation as it considers appropriate.
(2) All determinations made under this section shall be
published by the Council in the Savali newspaper.

PART VIII
APPRENTICESHIP CERTIFICATES

40. Samoa Apprenticeship Certificate-(1) The Council may,
in an approved form, issue a Samoa Apprenticeship Certificate to a
person who has completed his or her apprenticeship, and has been
awarded a qualification from a training provider approved by the



2014, No. 10 Apprenticeship 21

Council and has met national competency standards approved by
the Council.
(2) If the Council decides not to issue a certificate to a person,
that person may appeal to the Minister.
(3) Where the Minister receives an appeal under subsection (2),
the Minister shall review the decision of the Council and may:
(a) confirm the refusal; or
(b) override the refusal and grant the application.
(4) Under paragraph (b) of subsection (3) the Minister may
impose such terms and conditions on the grant of the application as
the Minister considers appropriate.
(5) Upon the Minister determining an appeal under subsection
(4), the Minister shall cause to be served on the person appealing a
written notice advising of the Minister‟s decision.

41. Other certificates-(1) The Council may issue any other
certificate as the Council determines necessary.
(2) A certificate under subsection (1) may be issued in an
approved form, manner or for any matter the Council determines
appropriate in the circumstances.

42. Duplicate certificates - An original version of a certificate
issued under sections 40 and 41 may be issued to such persons, in
such manner, for such reasons and upon payment of such fees, as
the Council determines.

43. Offences relating to unauthorized use or dealing with a
certificate-(1) A person commits an offence if he or she:
(a) uses a certificate to which he or she is not entitled; or
(b) alters, defaces or makes a model, likeness or facsimile
of a certificate with intent to deceive or defraud; or
(c) being entitled to a certificate, with intent to deceive or
defraud -
(i) gives the certificate to another person; or
(ii) allows another person to use the
certificate; or



22 Apprenticeship 2014, No. 10

(d) fails, without reasonable cause, to produce or surrender
a certificate when requested to do so by the Chief
Executive Officer or a person authorized by the
Chief Executive Officer.
(2) In this section, “certificate” means a certificate issued under
sections 40 or 41 or an original version of the certificate issued
under section 42.

PART IX
APPEALS

44. Appeals-(1) A person may appeal to the District Court
against:
(a) the decision of the Minister not to grant an approval for
employing an apprentice under section 17;
(b) the decision of the Minister not to register a contract
under section 29;
(c) the decision of the Minister not to award a certificate
under section 40(3)(a); or
(d) the decision by the Council to terminate a contract
under section 36.
(2) An appeal is to be made in accordance with the rules of the
District Court and must be lodged within six (6) months of the
decision being made.

45. Abandoned appeals - An appeal that is lodged outside of
six (6) months of the decision being made is taken as abandoned.

PART X
OFFENCES AND PENALTIES

46. Employer not to reduce wages, etc.-(1) An employer
must not, directly or indirectly, reduce the wages to which an
apprentice or a person to whom Part VII relates is entitled under
his or her contract or under any other law.
(2) An employer who contravenes subsection (1), commits an
offence.
(3) In this section “wages” includes salary or other benefits
owing to the apprentice.


2014, No. 10 Apprenticeship 23

47. Offences-(1) An employer who demands, accepts, or
agrees to accept any consideration, premium, gift or allowance in
connection with the employment or contracting by him or her of
any probationer, apprentice or prospective apprentice in an
apprenticeable trade commits an offence.
(2) It is an offence for any person:
(a) directly or indirectly, under any pretence or device, to
employ or authorise or permit an apprentice to be
employed at lower wages than the wages to which
the apprentice is entitled under this Act; or
(b) to employ an apprentice on conditions which are not
consistent with this Act.
(3) A person who employs any person as an apprentice or
authorises or permits any person to be so employed in an
apprenticeable trade without the consent of the Council commits
an offence.
(4) An employer or apprentice who fails to comply with any of
the terms or conditions of the apprentice‟s contract commits an
offence.
(5) A person who acts in contravention of this Act, or fails to
comply with an order of the Council made under this Act, commits
an offence.

48. Penalties-(1) A person who commits an offence under this
Act is liable on conviction to a penalty not exceeding 20 penalty
units.
(2) Despite subsection (1), a person convicted of a continuing
offence, is liable to a further fine not exceeding 4 penalty units for
each day during which the offence continues.
(3) A person who incites, aids or abets a breach of this Act
commits an offence and is liable on conviction to a fine not
exceeding 20 penalty units.
PART XI
MISCELLANEOUS
49. Death of partner not to terminate apprenticeship-(1)
Where an apprentice is employed by business partners, his or her
contract does not terminate on the dissolution of the partnership or
by the death or retirement from the partnership of a partner.


24 Apprenticeship 2014, No. 10

(2) In the case of the death or retirement from the partnership,
the contract is taken to be assigned to the surviving or continuing
partner.
(3) Where, in the case of a dissolution of a partnership, there is
disagreement as to who is to take over the contract, the Council
decides the matter and its decision shall be binding.

50. Winding up or material change in shareholding of
Company-(1) Where an apprentice is employed by a Company
and the company is wound up for any reason or its shareholding
changes in a material manner, the Council may, upon the written
request of the apprentice, transfer the apprentice to another
employer in accordance with section 35.
(2) A decision to transfer an apprentice may be upon such
conditions as the Council determines.

51. Minister to determine fees and charges-(1) Subject to
subsection (2) the Minister, on the advice of the Council, may by
Notice published in the Savali determine fees and charges
concerning:
(a) any application made under this Act;
(b) the issue of any certificate to be granted under this Act;
(c) the issue of any document under this Act; and
(d) the exercise of any power or function under this Act.
(2) Prior to the Minister acting under subsection (1), the
Minister must consult with:
(a) the Chief Executive Officer; and
(b) the Chief Executive Officer of the Ministry of Finance,
concerning any proposed fees and charges and their anticipated
effects and consequences.

52. Council to approve forms - The Council may approve,
amend, or replace the form for any application, certificate, notice
or any other document required under this Act.

53. Annual reports-(1) The Council shall as soon as
practicable after 31 December of any year, prepare and provide to
the Minister a report on its activities under the operation of this
Act.


2014, No. 10 Apprenticeship 25

(2) The Minister shall, as soon as practicable after receipt of
the annual report from the Council, make copies of it to be tabled
in Parliament.

54. Disclosure of information-(1) Subject to subsection (2), a
member of the Council or an officer commits an offence if, except
for the purpose of the performance of his or her functions and
duties under this Act, discloses to any person any information in
relation to the financial affairs, plant or equipment or development
plans, of a person, acquired in the performance of the functions
and duties of the member or officer, as the case may be, under this
Act.
(2) Subsection (1) does not apply to a disclosure of information
made in criminal proceedings in accordance with this Act.

55. Repeal - The Apprenticeship Act 1972 is repealed.

56. Regulations-(1) The Head of State, acting on the advice of
Cabinet, may make regulations, prescribing all matters which by
this Act are required, permitted, or necessary for giving effect to
this Act.
(2) Without limiting subsection (1) regulations may be made
for the following purposes:
(a) the establishment of a fund to provide prizes and
scholarships for apprentices; or
(b) the process for the Council to hear and determine
disputes or complaints under this Act between
apprentices and employers.

57. Savings and Transitional-(1) The apprenticeship register
maintained under the repealed Act immediately before the
commencement of this Act shall on the commencement of this Act,
be regarded as the Samoa Apprenticeship Register established
under this Act.
(2) All references in law or any document or act of authority to
the Apprenticeship Council shall be read as referring to the
Council unless the context otherwise requires.



26 Apprenticeship 2014, No. 10

(3) Any authorisation, registration, appointment, approval,
cancellation, suspension, condition, declaration, termination,
permit, order, advice, direction or act of authority under or
concerning the Apprenticeship Act 1972, so far as they are
subsisting or in force at the time of the repeal of such Act,
continues and has effect under the corresponding provisions of this
Act.
(4) All actions, suits, legal proceedings that were filed or
commenced under the repealed Act and are not complete at the
commencement of this Act are regarded as:
(a) filed or commenced under this Act at the
commencement of this Act; or
(b) legal as if the repealed Act was still in force in relation
to such actions, suits or legal proceedings.
(5) Despite the provisions of this Act, all applications and other
matters arising out of the provisions of Apprenticeship Act 1972
which are not determined or otherwise dealt with under that Act at
the commencement of this Act shall be determined under the
corresponding provisions of this Act with modifications,
adaptations and alterations as the Minister may determine in
writing.
(6) Every advisory body or committee or panel of trade
advisors existing at the commencement of this Act relating to the
Apprenticeship Act 1972 is regarded as an advisory body or
committee or panel of trade advisors established under the
corresponding provisions of this Act.
(7) Despite the provisions of this Act, where this Act does not
provide adequately for the transition from the Apprenticeship Act
1972, the Minister, may by notice published in Samoan and
English in the Savali, make such provision as the Minister regards
necessary.



2014, No. 10 Apprenticeship 27


Schedule

Section 26

SAMOA APPRENTICESHIP CONTRACT
(Three original copies of each contract must be signed: 1 copy to
remain with the employer, 1 copy for the Apprentice and 1 copy
must be kept by the Chief Executive Officer of the Ministry of
Commerce, Industry and Labour.)

1. Name and address of employer: ..........................................………… („the Employer‟)

2. Name and address of Apprentice: ………………………….................. („the Apprentice‟)

3. Parties to the contract - This contract of service is entered
into by the Employer and the Apprentice.

4. Location of place of work: ........................................

5. Duration of contract - Subject to Clause 6, this contract
takes effect from the date of signing and will continue to
take effect for a period of not less than ……….. years.

6. Termination of contract: This Contract may be terminated:
(a) by mutual consent in writing of both parties; or
(b) where the Apprenticeship Council of Samoa considers it
necessary to terminate the Contract; or
(c) by either party, without notice, during the Probation
period set out under clause 8.

7. Wages or salary - The Apprentice is to be paid
$................... per (hour, day, week or month) wage period.



28 Apprenticeship 2014, No. 10

8. Probation - The Apprentice is on probation for a period of
six (6) months, starting from the date of signing this
contract.

9. Hours of work - the Apprentice is to work for the following
hours:

………………………………………….

…………………………………………..
(Hours of work do not include time for the Apprentice to
attend classes at a tertiary institution approved by the
Apprenticeship Council.)

10. Holidays with pay - The Apprentice is entitled to be paid
for every public holiday.

11. Overtime - Should the Apprentice be requested to work
overtime, he or she is to be paid for the overtime at
$................................. for each hour of work.

12. Annual leave - After 12 months service, the Apprentice is
entitled to a minimum of 10 days paid annual leave to be
taken on the days as is mutually agreed to between the
Employer and the Apprentice.

13. Sick leave - After 12 months of service the Apprentice is
entitled to a minimum of 10 days sick leave, each year
on production of a medical certificate by a medical
practitioner no later than three (3) days after contracting the
illness.

14. Duties of Apprentice - The Apprentice shall:
(a) faithfully serve the Employer in order to be taught the
trade in which he/she is an apprentice;
(b) accept all technical, trade and other instruction as set out
under the Apprenticeship Act 2014;
(c) diligently obey the lawful commands of the Employer or
the Employer‟s delegate;


2014, No. 10 Apprenticeship 29

(d) not be absent from the Employer‟s workplace unless -
(i) he/she has the permission of the Employer; or
(ii) he/she has to attend learning at an institution as
approved by the Apprenticeship Council for
training or examination in relation to his/her
apprenticeship course;
(iii) it is for leave under this Contract or any that is
approved by the Employer; and
(e) not commit nor be an accessory to any damage or injury
to the Employer or the Employer‟s property.

15. Duties of Employer - The Employer shall:
(a) teach the Apprentice, or cause the Apprentice to be
taught, the trade for which he/she is employing the
Apprentice;
(b) provide facilities and the necessary tools of trade for the
practical training of the Apprentice;
(c) give the Apprentice the opportunity to learn the trade and
to receive technical, trade and other instruction as may
be required under the Apprenticeship Act 2014;
(d) pay the Apprentice the wages that are agreed to under
this Contract, including any leave entitlements;
(e) ensure that the Apprentice is able to attend his/her classes
at the tertiary institution approved by the Apprenticeship
Council;
(f) to comply with all the provisions of the labour and
employment laws of Samoa; and
(g) to comply with all occupational, health and safety laws of
Samoa.

16. Apprentice’s Tuition Fees -

Option 1:

(a) The Apprentice‟s Tuition Fees are to be paid in
percentage form as follows:



30 Apprenticeship 2014, No. 10

Employer Contribution: a minimum of …………….. %.

Employee Contribution: a minimum of ……………... %.
(b) Where the Employer fails to make payment under sub
clause (a), the Apprentice may sue the Employer for the
Employer‟s portion of the tuition fees and such unpaid
portion shall become a debt owing to the Apprentice.
(c) Where the Apprentice fails to make payment under sub
clause (a), the Employer may sue the Apprentice for the
Apprentice‟s portion of the tuition fees and such unpaid
portion shall become a debt owing to the Employer.

Option 2:

(a) The Apprentice‟s Tuition Fees are to be paid by
both parties in accordance with such percentage
amount as may be approved in writing by the
Apprenticeship Council from time to time.
(b) Where the Employer fails to make payment under
subclause (a), the Apprentice may sue the Employer for
the Employer‟s portion of the tuition fees and such
unpaid portion shall become a debt owing to the
Apprentice.
(c) Where the Apprentice fails to make payment under
subclause (a), the Employer may sue the Apprentice for
the Apprentice‟s portion of the tuition fees and such
unpaid portion shall become a debt owing to the
Employer.
17. Apprentice to reimburse Employer upon early termination of Contract - Where the Apprentice terminates
this Contract before the agreed date of termination, the
Apprentice shall pay to the Employer all monies spent by


2014, No. 10 Apprenticeship 31

the Employer for the Apprentice‟s formal training and any
fees the Employer has had to pay to the Apprenticeship
Council for the purposes of entering into this Contract.

18. Apprenticeship Council Intervention - Both parties agree
and acknowledge that the Apprenticeship Council may
intervene at any time during the period of the Contract for
the following purposes:
(a) where the Apprenticeship Council considers it necessary
to transfer the Apprentice to another workplace and
different employer;
(b) to mediate or resolve any dispute over the terms of this
Contract between the Employer and the Apprentice;
(c) to cancel this Contract if it is of the opinion that special
reasons exist to cancel this Contract.

19. Assignment of Contract - Both parties agree and
acknowledge that an assignment of this Contract cannot be
effected unless the Apprenticeship Council first approves it.



SIGNED: ………………… SIGNED: ………………..
(Apprentice) (Employer)

Date: ……...................... Date: ………………..

Witnessed by:
Full Name of the Witness: ………………………
Signature: ……………………………
Date: ……………………….

Where applicable (for Apprentices below 21 years) -



32 Apprenticeship 2014, No. 10

This is consented to by:

Name of
Parent/Guardian:…………………………………………….

Signature: …………………………………………………….

Date: …………………………………………………………..

We/I, the above-named Parents/Guardians agree to abide by the
terms of this Contract. We also agree and guarantee to reimburse
any fees owing to the Employer as specified under clause 16, on
behalf of the Apprentice, should the Apprentice terminate this
Contract earlier than agreed.

__________
The Apprenticeship Act 2014 is administered by the
Ministry of Commerce, Industry and Labour.